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Neil Roberts

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Everything posted by Neil Roberts

  1. Job Boards, Staffing Firms and if you are a small business, perhaps the Small Business Administration Office can help you.
  2. #1 I contemplate there would be a separate fee established for the base, and each option period of contract performance. For payment of fixed fee, FAR 52.216-8 should be included in the solicitation and contract. It provides information about payment and certified final indirect cost rates. #2 FAR 52.216-7, which should be included in the solicitation and contract, includes information regarding final indirect cost rates and billing rates as indicated below. (d)(2)(i) The Contractor shall submit an adequate final indirect cost rate proposal to the Contracting Officer (or cognizant Fe
  3. @Contract, time, I was assuming from what was stated above, that there was a written contract released by the contracting officer for the first course, and after it's issuance as a contract, the course became full, a substitute was offered by the contractor, and an employee attended the substitute course. Can you confirm?
  4. @Contract time, I can think of a situation where the government was billed and as a "business decision" it was decided to pay the supplier for various reasons, yet not ratify the employee action and request re-payment from the employee. We do not know the facts or rationale for the agency letter. You have indicated you searched in FAR for an answer without success. I am not surprised. I don't imagine this agency letter is the kind of thing you would find to be controlled in FAR as specifically permitted or prohibited. Rather it may be a permissible business judgement per FAR 1.102. The letter
  5. If the above responses do not clarify your situation, could you please give more details such as: 1. Is there a contract between two or more parties? Who are they, a contractor and the government, or ??? 2. What type contract is it i.e., fixed price, cost type, etc? 3. Who initially provided the materials? 4. What is the description of the material? 5. What does "reuse" mean? Does it mean it is used material now or still the same new material that was initially provided? 6. Why is it "leftover?" 7. Who are the contract parties involved with the new constructi
  6. Some agencies appear to have their own detailed processes for ratification. For example, DOD administrative instruction states as follows: If the ratification is not approved by the Director, prepare a statement describing the appropriate disposition action (e.g., referring action for disposition to the Government Accountability Office for resolution under its claim procedures or as authorized by Subpart 50.1 of the FAR), I did see other agency policies that indicate the personal liability should be paid to the government. Another one stated that it is up to the contractor. Th
  7. It is not clear to me what the facts are. Who are the parties to the contract? Who said or wrote what to whom? Is it permissible for a supplier to discuss or enter into a contract with an employee that is not a contracting officer? Was the supplier aware of this, if it is applicable. Did the employee represent that the course would be paid for by the government? Who was billed?
  8. Can Japanese citizens review your company's government contracts? It depends on the content included in the contract. Wikipedia summary is as follows: For practical purposes, ITAR regulations dictate that information and material pertaining to defense and military related technologies (items listed on the U.S. Munitions List) may only be shared with U.S. Persons unless authorization from the Department of State is received or a special exemption is used.[3] U.S. Persons (including organizations; see legal personality) can face heavy fines if they have, without authorization or the use of
  9. In the further research area, xanadu, you may also wish to take a look at a proposed FAR revision that mentions SBA regulation at 13 CFR 124.513 and 13 CFR 121.103. See, https://www.federalregister.gov/documents/2020/06/05/2020-11159/federal-acquisition-regulation-policy-on-joint-ventures. There is not yet a final effective date for release of this FAR revision being proposed. I mention this because sometimes there is confusion with SBA regulations and FAR. Contracting Officers may follow FAR even when there is a final SBA regulation that contradicts FAR ( I am not saying this is n
  10. Isn't PIL a Homeland Security only practice? Are you looking for approaches other than those in the primer at https://www.fai.gov/media-library/item/procurement-innovation-lab-pil-primer ?
  11. Perhaps the government should consider terminating the contract for convenience if it is determined the contractor is not eligible for "ready state" $.
  12. Ohio, I was not aware that you filed a claim for $21k. I was suggesting you file a claim in order to get you in the game. Congratulations! I do not think you have a good claim for the $35k contract value plus the $21k. You may wish to amend your $21k claim by adding $9k for the total max you mentioned. Commentators here have noted many unknowns about your contract. If you believe the government contract required it to order all the contract work from you, I believe that would help support your total claim.
  13. Under FAR 15.408(n)(2)(iii) requires-23 and ALT 1 under circumstances indicated above. If the contractor has not demonstrated these items, there does not seem to be a contracting officer requirement to consider incorporating ALT 1.
  14. Apparently the contractor has or will be disclosing that it will perform added value work added by mod 01. The contractor is asking the contracting officer determine that the contractor has demonstrated that its functions under mod 01 provide added value to the contracting effort and there are no excessive pass-through charges in connection with mod 01 work. It seems also possible the contractor disclosed added value work under the basic contract and is now asking for the same determination for that work.
  15. If the Agency is going to go forward with signing a bailment agreement without clear authorization and funds for contingencies, a "break it and buy it clause" would likely wind up in the Board of Contract Appeals. Lorna's Agile Acquisition Blog is as follows: "An Agreements Officer is essentially a Contracting Officer with the legal authority to write assistance instruments (essentially non-FAR-based contracts) called Other Transactions. It’s slightly more complicated than that, but you get the idea. You can find the statute for OTs at 10 USC 2371. It’s the most popular buzzword i
  16. This is what I would do: 1. Submit a voucher for $35k less any amount you may have already been paid. 2. Wait 30 calender days and if not paid, submit a written demand to the contracting officer for that amount for reasons of breach of contract and request a decision within 60 calendar days. 3. If no decision issued within that time, file an appeal with the Armed Services Board of Contract Appeals if the contract is Department of Defense or NASA. 4. Alternatively, consult with an attorney experienced with contract disputes with the government, preferably with the agency inv
  17. My view is they can not perform 95% of the task order work remotely. You did not provide any facts relating to sites.
  18. If using DOD because you have no other agency guidance (what Agency??), I think you should obtain written response from the contractor per DOD Class Deviation O0013 items: 1. Is it a small business and did it apply for relief under the Paycheck Protection Program. 2. Is there any other business income. 3. Does Families First Coronavirus Response Act apply to any employees now or in the past? Not sure to me whether denial relying solely on being able to perform work remotely is a fair application in this case. The contractor seems to be willing and able to perform work per t
  19. FrankJon, I sympathize with your situation and front line professional frustration. I do not know the extent to which the definition of agency head or head of the agency in FAR 2.101 is a significant contributing cause of your situation and frustration. I have private industry background, not government. My view is that what you are caught up in is driven by delegation powers. The Secretary of Defense is empowered to designate which of his or her duties are to be performed by other persons in, or organizations of, DOD. Pricing and Contracting seems to be a natural choice to be focal for k
  20. FrankJon, could you perhaps state in plainer language, what you see as the problem? Is it you don't know who the person is that is authorized to grant a waiver, or you don't know if the agency you are buying for is an executive agency or ????
  21. My regulatory construction for 4.2104 is that “head of an agency” is used interchangeably with “head of the executive agency.” Head of executive agency is defined in FAR 2.101
  22. Wiki doesn't seem to be convinced either. "Legislative definitions of a federal agency are varied, and even contradictory. The official United States Government Manual offers no definition.[1][2] While the Administrative Procedure Act definition of "agency" applies to most executive branch agencies, Congress may define an agency however it chooses in enabling legislation, and subsequent litigation, often involving the Freedom of Information Act and the Government in the Sunshine Act. These further cloud attempts to enumerate a list of agencies.[3][4] The executive branch of the feder
  23. As a starting point, FAR 2.101 defines executive agency, federal agency and agency head or "head of the agency."
  24. Joel, yes, the posted info says the letter contract is between a contractor and a supplier. I do not know what is likely but in my experience, it is inappropriate to issue a letter contract in your likely scenario.
  25. Biehb, I don't understand why 52.216-10 was included as an operative clause in the letter contract because it requires agreed to target cost and target fee amounts to be operative. Those two items are usually what negotiations focus on to definitize and are usually undefinitized at the letter contract stage. Instead, in my mind, the letter contract should have included something like 52.216-26, Payments of Allowable Costs Before Definitization. 52.216-10 should be included in the definitized contract and the -26 clause not included. If there were actuals at the time of negotiation, that should
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